Judge To Rule In Favor Of Hollywood Synagogue

June 1, 2006|By Ihosvani Rodriguez Staff Writer

Hollywood — The city may have to erase an entire section of its zoning laws after a federal judge in Miami said Wednesday she plans to rule on behalf of an Orthodox Jewish synagogue that claims the laws are unconstitutional and too vague.

U.S. District Judge Joan Lenard called attorneys representing the city and the Hollywood Community Synagogue Chabad Lubavitch to tell them she plans to rule in the synagogue's favor and will put it in writing within the next couple of weeks, lawyers on both sides said.

The zoning codes are at the heart of a pending discrimination lawsuit filed by the Chabad and the U.S. Department of Justice claiming city officials violated the religious group's constitutional rights by denying it an exception in 2003 to operate within a residential neighborhood.

Attorneys representing the Chabad went before the judge last week and asked her to review the city codes and determine whether they are constitutional. City Attorney Dan Abbott said the judge's comments essentially erase the rules governing how special permits are issued. The ruling may also affect about a dozen other religious groups that currently have special permission to operate in residential neighborhoods.

Abbott and the synagogue's attorney, Franklin Zemel, each said they wanted to read the ruling before making extensive comments.

Zemel went before the judge last week to argue against the zoning codes and the city's policy that grants commissioners sole discretion to reject a special exception permit. He said the codes' vagueness gives commissioners a license to discriminate.

A zoning review board granted the Chabad a permanent permit in 2003 to operate in a neighborhood near Sheridan Street and North 46th Avenue on the condition the synagogue complied with a number of code requirements within 180 days.

However, after 53 days, city commissioners, led by Sal Oliveri, voted 4-3 to yank the permit, claiming the synagogue was "too controversial."

In a letter sent to the city this week, Zemel indicated the Chabad is seeking $5 million from the city for damages, and $1 million from Commissioner Sal Oliveri, who is named personally in the lawsuit.

Abbott declined to speculate how the upcoming ruling may affect the pending lawsuit. However, he said he feels the ruling may now backfire against the Chabad. He explained that since the ruling deletes the entire code allowing special zoning permits, the Chabad may effectively be prohibited to operate.

"They may have shot themselves in the foot," Abbott said.

Abbott maintains the discrimination lawsuit is based on false allegations.

The battle between the Chabad and the city started in 2000 after a Jewish group, which bought the two houses in the Hollywood Hills neighborhood, set about converting one of the homes into a synagogue for twice-daily services.

Ihosvani Rodriguez can be reached at ijrodriguez@sun-sentinel.com or 954-385-7908.